NEGLIGENCE

According to the Legal Information Institute, negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is a duty to act (e.g., a duty to help victims of one's previous conduct).

Most personal injury claims are brought based on negligence. If a person was negligent and caused injury to another, such person is often referred to as a “tortfeasor.”

In Texas, to succeed on a negligence claim against a tortfeasor, a person must prove three elements: (1) a legal duty owed by one person to another; (2) a breach of that duty; and (3) damages proximately caused by the breach. D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex. 2002).

In determining whether a legal duty exists, the court considers the risk, foreseeability, and likelihood of injury, and weighs these factors against the social utility, and the consequences of placing that burden on the tortfeasor. Bird v. W.C.W., 868 S.W.2d 767, 769 (Tex. 1994).

Ultimately, negligence is the most common basis for suing someone in personal injury cases. If you suspect your injuries to have occurred through the negligence of another, please contact us for your free consultation. There’s a possibility we’ll be able to assert a negligence claim on your behalf and put money in your pockets.